The Premium Processing Service for H-1B petitions began on July 30, 2001. For an additional fee of $1,225, USCIS guarantees to process and make a decision (approve the petition, deny the petition, or make a request for additional evidence) within 15 calendar days of filing. USCIS will refund the $1,225 fee if it does not adjudicate a case within the required 15 calendar days. Even If the fee is refunded, the relating case will continue to receive expedited processing.
Premium processing is just a way to expedite processing on your case. Premium processing makes no difference on whether you are part of the quota, or whether the H-1b gets approved or denied. The purpose of premium processing is to dramatically reduce the time needed to adjudicate the petition and the decision would be known faster.
You may upgrade your H-1B case to Premium Processing Service. If the I-907 form is filed after the petition or application is filed, the 15-day period will begin to run when the USCIS receives the I-907 form. When submitting a Form I-907 after a related petition, a copy of the receipt notice (Form I-797) must be included.
Early in every fiscal year, the USCIS receives sufficient H-1B petitions to reach that fiscal year's 65,000 visa cap. Therefore, Premium Processing Service will not help expedite H-1B petitions if they were filed after this cap is reached. Such premium processing petitions will be rejected by the USCIS like other regular H-1B petitions filed after the cut-off date.
Premium processing begins on the day the USCIS physically receives a petition or application and ends the day that the Service issues a notice or request. If the USCIS does not issue a notice or request within 15 calendar days, the Premium Processing Service fee will be refunded, but the case will continue to be handled as normal. If a given application or petition is not eligible for the Premium Processing Service, the fee will be refunded and the case will be processed under regular circumstances.
A completed Form I-907, Request for Premium Processing Service, may be filed with a new application or petition, or filed for a pending application or petition. The fee for the Premium Processing Service is $1,225, which must be paid by a separate check (do not write a check for both the premium processing and normal filing fees). The premium processing fee is set by law and cannot be waived for any reason. Again, the fee will be refunded if a notice or request is not issued within the 15 calendar days or if the program cannot be utilized because of the H-1B cap or other related suspensions.
For more information on H-1B Visa, please refer on one of the following topics below:
H-1B Visa General Issues
H-1B Visa Related Articles